The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

A. On March 22, 2018, the Plaintiff applied for refugee status to the Defendant as a foreigner of Indian nationality.

B. On October 10, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on November 1, 2018, but the said objection was dismissed on December 23, 2019, and the Plaintiff received the said written ruling of notice of objection (hereinafter “instant written ruling”) on January 21, 2020.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2 and 3, purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. Since the Plaintiff filed the instant lawsuit after the lapse of 90 days from the date of receiving the written adjudication on the merits of the Defendant, the instant lawsuit is unlawful as it was filed after the lapse of the period for filing the lawsuit.

B. According to Article 20(1) and (3) of the Administrative Litigation Act, a revocation lawsuit shall be instituted within 90 days from the date when the person becomes aware of the disposition, etc., but the period when an administrative appeal is filed shall be calculated from the date when the original written judgment is served, and the period is a peremptory term.

Meanwhile, a person who has received a decision of non-recognition of refugee status pursuant to Article 21(1) and (2) of the Refugee Act may file an objection with the Minister of Justice within 30 days from the date he/she is notified of such decision, and where he/she files an objection, he/she shall not file an administrative appeal pursuant to the Administrative Appeals Act. Therefore, in cases of filing an objection pursuant to Article 21 of the Refugee Act, it is reasonable to calculate the period of filing an administrative

Therefore, a person who applied for refugee status has received notification of rejection of the objection.